[HISTORY: Adopted by the Board of Supervisors of the Township
of Easttown as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-4-1993 by Ord. No. 266-93]
Whereas, Easttown Township, in accordance with the provisions
of the Intergovernmental Cooperation Act (the Act of December 19,
1996, No. 177, 53 Pa.C.S.A. § 2301 et seq., as amended)
and the provisions of the Municipal Police Jurisdiction Act (the Act
of June 15, 1982, P.L. 512, No. 141, § 4 et seq., 42 Pa.C.S.A.
§ 8951 et seq., as amended), desires to facilitate enforcement
of controlled substances laws, it hereby enacts an ordinance allowing
for the formation and implementation of an agreement to be signed
by Easttown Township, and other municipalities in Chester County,
Pennsylvania, providing for intermunicipal police cooperation in the
enforcement of the Controlled Substance, Drug, Device and Cosmetic
Act (35 P.S. § 780-101 et seq., as amended) and related
criminal statutes, as well as an agreement to be signed by Easttown
Township, the office of the Attorney General of the Commonwealth of
Pennsylvania, the Chester County District Attorney's office and
other municipalities by which these entities shall cooperate and prevent
regional illegal activities related to controlled substances.
A.
In accordance with the provisions of the Intergovernmental Cooperation
Act (the Act of December 19, 1996, No. 177, 53 Pa.C.S.A. § 2301
et seq., as amended), Easttown Township is hereby authorized to enter
into a municipal police cooperative agreement ("MPCA") with other
municipalities in Chester County, Pennsylvania, which will allow,
inter alia, part-time and full-time police officers of each signatory
municipality to pursue their official police duties within the territorial
boundaries of all participating municipalities, subject to the terms
and procedures of the MPCA.[1]
B.
Conditions of the MPCA shall conform substantially to those contained
within the draft of the MPCA currently on file in the Township office.
C.
After execution of the MPCA by the Township, either the original
or a duplicate copy of the executed MPCA shall be kept on file in
the Township office. As additional municipalities enter into or withdraw
from the MPCA, the documents pertaining to these revisions shall be
kept together on file in the Township office.
The duration of the MPCA, and the Township's participation
therein, shall be without specific term, but shall continue indefinitely,
subject to the Township's unqualified right to withdraw from
the MPCA at any time following seven days' written notice to
all participating municipalities of the Township's intention
to withdraw.
The purposes and objectives of the MPCA include, but are not
limited to:
A.
Improving law enforcement in Chester County, Pennsylvania, especially
in Easttown Township, and other signatory municipalities to the MPCA
by granting police officers of participating municipalities authority
to exercise their official duties outside their primary territorial
boundaries and within those of the signatory municipalities;
B.
Enhancing the coordination of controlled substance investigations
in Chester County, Pennsylvania, and reducing legal issues associated
with jurisdictional or municipal boundaries;
C.
Providing mutual police aid across jurisdictional lines to enable
police to more effectively enforce the provisions of the controlled
substance statutes, thereby enhancing the safety and welfare of persons
in Easttown Township and in the other signatory municipalities; and
D.
Specifying the powers and scope of authority delegated by each participating
municipality and describing that Easttown Township shall delegate
no greater power and authority than it receives or permanently delegate
any power or authority.
Each signatory municipality shall be responsible for all expenses
incurred by reason of actions taken by its police pursuant to the
MPCA, no other financing being necessary or required to effectuate
its purpose.
No additional formal organizational structure or entity is necessary
to implement the provisions of the MPCA, nor will any property, real
or personal, be acquired, managed or disposed of in order to effectuate
the purposes contained in the MPCA. Each participating municipality
shall be represented on a Joint Police Advisory Board, but this Board
will not be an entity empowered to enter into group insurance or employee
benefit contracts.
A.
In accordance with the provisions of the Intergovernmental Cooperation
Act (the Act of December 19, 1996, No. 177, 53 Pa.C.S.A. § 2301
et seq., as amended) and the provisions of the Municipal Police Jurisdiction
Act (the Act of June 15, 1982, P.L. 512, No. 141, § 4 et
seq., 42 Pa.C.S.A. § 8951 et seq., as amended), Easttown
Township is hereby authorized to enter into a Municipal Drug Task
Force agreement ("MDTFA") with the office of the Attorney General
of the Commonwealth of Pennsylvania ("OAG"), the Chester County District
Attorney's office, and the signatory municipalities to the MPCA,
by and through which these entities shall coordinate investigations,
prosecutions, arrests, searches and other activities necessary to
enforce the controlled substance and related criminal statutes within
Chester County, Pennsylvania.[1]
B.
This aid and assistance offered by Easttown Township to the OAG is
in response to the request for aid and assistance made by the OAG
to all municipal police departments as described in the MDTFA and
as provided in the Municipal Police Jurisdiction Act, 42 Pa.C.S.A.
§ 8953(a)(3). As such, Easttown Township and its police
officers shall be afforded all rights, benefits and immunities described
in the Municipal Police Jurisdiction Act, 42 Pa.C.S.A § 8953(d),
when any Township police officer acts within the scope of the MDTFA.
C.
Easttown Township shall utilize the services of both full-time and
part-time officers of its Police Department under the conditions contained
in the MDTFA, which shall conform substantially to the draft MDTFA
currently on file in the Township office.
D.
After execution of the MDTFA by the Township, either the original
or a duplicate copy of the executed MDTFA shall be kept on file at
all times in the Township office. As additional municipalities enter
into or withdraw from the MDTFA, the documents pertaining to these
revisions shall be kept together on file at all times in the Township
office.
E.
Pursuant to the MDTFA, Easttown Township shall establish appropriate
procedures to comply with the MDTFA and relevant regulations as may
be issued from time to time by the OAG and the Chester County District
Attorney's office.
A.
The duration of the MDTFA and the Township's participation therein
shall be without specific term, but shall continue indefinitely, subject
to the Township's unqualified right to withdraw from the MDTFA
at any time following 30 days' written notice to all participating
entities of the Township's intention to withdraw.
B.
If the OAG terminates the existence of the Drug Task Force created
pursuant to the provisions of the MDTFA, the Township's participation
in the MDTFA shall automatically terminate without further action
of the Township Board of Supervisors, effective the date of such termination
by the OAG.
A.
The purpose and objectives of the MDTFA include, but are not limited
to, regional coordination of police activities in order to facilitate
the enforcement of criminal statutes pertaining to illegal possession,
use, manufacture, sale and distribution of controlled substances.
B.
The MDTFA shall specify the powers and scope of authority delegated
by each participating entity, but in no event shall Easttown Township
delegate greater power and authority than it receives or permanently
delegate any power or authority.
The MDTFA shall be financed solely by funds supplied by the
office of the Attorney General of the Commonwealth of Pennsylvania.
The OAG shall agree to reimburse Easttown Township for any overtime
incurred by its police in the performance of Task Force duties.
Any organizational structure required to implement the provisions
of the MDTFA shall be jointly agreed to and established by the participating
entities, but any such structure shall not be an entity empowered
to enter into group insurance or employee benefit contracts.
The acquisition, management or disposal of any and all property,
whether real or personal, acquired or to be acquired pursuant to the
provisions of the MDTFA shall be in accordance with the terms of the
MDTFA, the Controlled Substance Forfeitures Act, and any relevant
directives and procedures issued by the OAG and the Chester County
District Attorney's office.
The Board of Supervisors hereby ordains that it may execute
such amendments to the MPCA and MDTFA as may be necessary from time
to time to carry out the purposes of this ordinance and the agreements
adopted pursuant hereto.
All existing ordinances of Easttown Township, or parts thereof,
inconsistent with this ordinance, or any part hereof, are hereby repealed.
If any section or provision of this ordinance is declared by
any court of competent jurisdiction to be invalid or unconstitutional
for any reason, such decision shall not effect the validity or constitutionality
of this ordinance as a whole nor the validity or constitutionality
of any other section or provision of this ordinance other than that
or those declared to be invalid.
[Adopted 8-16-2004 by Ord. No. 354-04]
The Chairman of the Board of Supervisors of Easttown Township
(the "Township") is hereby authorized to enter into an intergovernmental
cooperation agreement with the Borough of Malvern and East Whiteland
Township to form an Intergovernmental Board of Appeals pursuant to
the terms and conditions authorized by this ordinance and set forth
in the agreement, a copy of which is attached hereto as Exhibit A[1] and is incorporated herein by reference. Furthermore,
the appropriate officers of the Township are hereby authorized to
do whatever is necessary and appropriate to carry out the provisions
of the agreement and this ordinance and to comply with the purposes
and intent of the agreement and this ordinance.
[1]
Editor's Note: Exhibit A is on file in the Township offices.
The agreement is conditioned upon each member's governing
body enacting an ordinance which authorizes such member to participate
in the Board of Appeals and to execute the agreement.
The Board of Appeals shall be created for, and the agreement
shall have, an initial term of five years, which term shall commence
on the effective date of the agreement (as defined in Paragraph 17
of the agreement). At the expiration of the initial five-year term,
the agreement and the Board of Appeals shall automatically renew for
successive one-year terms unless a majority of the members vote to
terminate the agreement.
If any sentence, clause, section, or part of this ordinance
is for any reason found to be unconstitutional, illegal or invalid,
such unconstitutionality, illegality or invalidity shall not affect
or impair any of the remaining provisions, sentences, clauses, sections,
or parts hereof. It is hereby declared as the intent of the Board
of Supervisors that this ordinance would have been adopted had such
unconstitutional, illegal or invalid sentence, clause, section or
part thereof not been included herein.
This ordinance shall become effective upon enactment as by law
provided.
